The Third District Court of Appeals recently held, on a matter of first impression, that the Federal Trade Commission’s (“FTC”) definition of “unfairness” contained in the 1980 Policy Statement on Unfairness applies to actions brought under the Florida Deceptive and...

The Fourth District Court of Appeals recently held that a business entity does not have to be a “consumer” in order to have standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). In Caribbean Cruise Line, Inc. v. Better Business...

The so-called sovereign citizen movement is a loose confederation of individuals with a collective belief that government, at essentially all levels, is involved in a conspiracy to deprive them of property and essential rights. There is no formal organizational structure for this movement. Rather,...

In a recent decision, the 4th DCA reversed final judgment of foreclosure under doctrine of res judicata in Schindler v. The Bank of New York Mellon Trust Co. Here, the bank filed a foreclosure (first foreclosure). The borrower moved to dismiss. The court dismissed the complaint due to the failure...

On January 7, 2015, Florida’s Fourth District Court of Appeal held that plaintiff in a personal injury suit has a limited privacy interest in his or her social networking site. See Nucci v. Target, &under;&under;&under; So. 3d &under;&under;&under;, 2015 WL 71726 (Fla. 4th DCA Jan. 7, 2015)....

In Chase v. Horace Mann Ins. Co., 2015 WL 686093 (Fla. February 19, 2015), the Florida Supreme Court addressed the amount of uninsured motorist (UM) coverage available under the auto insurance policy. The policy was initially issued in 2001 to Richard Chase as the sole named insured. At that time,...

Insurance companies in Florida receive thousands of property damage claims each year. To expedite the claims process and efficiently adjust the loss, property insurance policies require insureds to comply with specific post-loss obligations. One such obligation is the requirement that an insured...

In August 2014, the First District Court of Appeal interpreted a recently enacted statute that requires plaintiffs to prove actual or constructive knowledge of the presence of a transitory foreign substance before being held liable for plaintiff’s injuries sustained in a fall. In affirming...